State v. Mercer

MILLER, Judge.

This case comes to us from the Vander-burg Circuit Court. The State of Indiana appeals the dismissal on double jeopardy grounds of the first count of a two count information. Because we find the defendant's conviction on Count II constituted a conviction of a lesser included offense of the offense charged in Count I, we affirm the trial court's dismissal of Count I.

FACTS

We are unable to set out the facts which gave rise to the charges against Mercer in any detail, since neither party presented us with a detailed statement of these facts. Apparently Mercer was employed by a…